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ESTATE OF ATKINSON v. MINN. DHS

No. C9-96-335.

564 N.W.2d 209 (1997)

ESTATE OF Marion ATKINSON, Respondent, v. MINNESOTA DEPARTMENT OF HUMAN SERVICES, and Otter Tail County Department of Human Services, Respondent.

Supreme Court of Minnesota.

May 29, 1997.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Minnesota Attorney General, St. Paul, for Appellant.

Pemberton, Sorlie, Sefkow, Rufer & Kershner, P.L.L.P., Oscar J. Sorlie, Jr., Fergus Falls, for Respondent Estate of Marion Atkinson.

Waldemar B. Senyk, Otter Tail County Attorney, Kurt A. Mortenson, Assistant County Attorney, Fergus Falls, for Respondent Otter Tail County Dept. of Human Services.

Heard, considered and decided by the court en banc.

OPINION

STRINGER, Justice.

We consider here the issue of at what point in time the assets of a married couple, one institutionalized, must be evaluated for purposes of determining eligibility under Minnesota's medical assistance program.

The Otter Tail County Department of Human Services ("the County") denied respondent Marion Atkinson's ("Marion") 1994 application for medical assistance ("MA") on the ground that, due to appreciation of her husband...

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